Hiya Belladonna
back.
I am sorry I missed this post of yours.
I have skimmed briefly through some of the replies.
OK - first things first - she needs to get a decent lawyer as I think there are some angles here which he could use based on your post .. but I think your daughter should hear these from a legal expert who can perhaps use a case already setting a precedent as of late last year per the press. A Nick Freeman case I think - they usually are
belladonna wrote:
Can somebody advise me??
My daughter in law was stopped yesterday by police.
They advised her that she was breaking the law by talking on hands free while driving. She had both hands on the wheel and in full control with her parther and young baby in car.
Where was the phone.. in the cradle or on her lap? There was a case in the M6 Sheffield in 2007 whereby the lorry driver handled his SWITCHED OFF phone by removing it from an inner pocket in his jacket and tossing it on th dashboard. Unfortunately for him .. a m/way patroi was overtaking him and the officers saw this .. they prosecuted. It went back and forth through the courts and the lorry driver caved in
because the case was biting into his finances - per his comment on the Vine prog. Nick Freeman heard this and phoned in to offer his services. Unfortunately, the driver had pleaded "guilty" to close the case and so Freeman could not appeal this. He has apparently been on the look-out for a test case and I hear he won one such case late last year.
However, the offence is actually holding the phone or having it placed in such a way as to show evidence of "intent to use the device by holding it" - thus it is important to be able to state on oath in court - with no fear of PCOJ or contempt of th court - that the phone was in its cradle and both hands were on the steerlng wheel. Not easy to tell late at night from a distance
That officer will have to be vry sure of his facts and he will also be on oath and obliged to tell the truth in court... but a clever lawyer can trip him up as I already have such "bruises" over the career to date ;roll:
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He told her it was illegal to do this ,
If she was using a hands free device - she was legal. If the phone was on her person and thus within easy reach to be held - he may suggest that the phone had been handled whilst driving. Hence we need to be sure exactly where the phone was at the time.
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breathalised her, and then told her she would have 3 points on her license and £60 fine. Telling her to take her documents into police station today.
If he was doing a routine roadside check and we do do them here .. we stopped every fifth vehicle at random on some roadside "pressure points which are not too far distant from various watering holes" - and the message soon became clear that folk were dicing with a high probability pull factor
As for the phone thing - he will have to be very sure as to whether he believed that phone had been handled just before he stopped her - and again the location of the phone and when last used to receive or make a call at this stage will be crucial to her case. Even if a call has been received - that does not mean "used" as we can choose not answer and person may ring off or go to voice mail.,,or the phone will record a missed call if switched off as mine does.
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She could hardly believe this had happened and was very distressed. She suffers from Post Natel depression and became tearful saying she thought she was within the law and would never put herself or young child at risk. The policeman made no attempt to even advise or caution her, but dismissed her and left this young mother to get back behind the wheel of her vehicle distressed and continue to drive.
I would appreciate some feedback on this.
Belladonna
I think many a lady will be "emotional" because of them "hormones" during pregancy and when nursing the baby in the immediate after-birth. I know my own wife tended to burst into tears at anything which she found "sad" or "out of the norm in stress levels". Not all wimmin are like that Wildy
who is like a bouncing rubber ball at times :yikes; (Literally at the moment
- she's 'avin' twins in the spring
)
Could her partner not have taken over the drive? I think if we cannot prove a person has used the phone here and know we could lose in court - we tend to issue strongly worded warnings as this would probably have a more lasting effect in terms of the danger and our credibility as regards delivering fair justice. If you cannot prove something or have flimsy evidence - then offer the benefit of doubt.. strong and sternly worded chat .. and sent on way with a final calming and kinder word as you would when disciplining your own kids
So .. tell your daughter to blow her nose..dry her eyes ... smile at her baby .. see a decent lawyer for advice ... admit nothing until n receipt of this legal advice which is her right under the law of this land... and be honest as to where the phone was within the car and why this may have given said officer "cause to suspect" - so as to fight the case effectively,
Best of luck .. hope I help you and her